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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
Reasons
1. The reasoning for this case by the court of first instance is as stated in the judgment of the court of first instance, except in the following cases or in addition. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts used or added;
A. Following the judgment of the court of first instance No. 3, Ha seventh and seventy, “The instant commercial building is located in the central commercial area of the area where approximately 100,000 persons are stationed, and 23,000 persons with exclusive advertising rights are high” shall be added to the investment recommendation made in a false or exaggerated manner.
(b)The following shall be added between 10 pages 5, 10 and 11 of the first instance judgment:
"First of all, we examine the part of the defendant's deception that the commercial building of this case is located in the central commercial zone, etc. Among the contents of the defendant's deception alleged by the plaintiff, if the specific facts about the important matters of the transaction in the advertisement of a false product are falsely notified in such a way as to the point of criticism in light of the duty of trust and good faith, it shall be deemed a deception. However, the advertisement of a false product shall not be deemed a deception as long as it is possible to be recognized in light of the general commercial practices and the good faith principle (see, e.g., Supreme Court Decision 2008Da1842, Mar. 16, 2009). However, even if the evidence specifically presented by the plaintiff as to the location of the commercial building of this case among the plaintiff's deceptions, it is difficult to view that the contents of the transaction constitute a case where the false notification is made in a way to the extent of criticism in light of the duty of trust and good faith, and there is no other evidence to acknowledge this portion of the argument
(c) judgment of the first instance court No. 5, 11.